Md. Code Regs. 17.04.07.10

Current through Register Vol. 51, No. 24, December 2, 2024

Section 17.04.07.10 - Failure to Attend a Conference or Hearing

A. Each party shall attend and participate in good faith in a scheduled conference or hearing. The Office of Administrative Hearings may issue a decision adverse to the party upon a showing that the party:

(1) Was sent proper notice of the conference or hearing; and

(2) Failed to show good cause for not attending.

B. Except in an emergency as defined by Regulation .08C or D of this chapter, a determination of good cause may not be made if the party or the party's representative failed to provide timely notification to the Office of the party's inability to attend.

C. The good faith obligation imposed by this regulation does not require a party to negotiate or settle a case. It requires that a party be prepared to:

(1) Discuss the merits of the case at the conference after having evaluated the factual and legal issues involved; and

(2) Consider all proposals which have the potential to resolve the dispute between the parties.

Md. Code Regs. 17.04.07.10

Regulations .10 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)